Legal Opinion
Stroub v. Manhattan Railway Co.
The Superior Court of New York City
Decided July 2, 1891Published
Appeal by plaintiff from a part of an order made at special term, upon plaintiff’s motion for an injunction pendente lite. The following opinion was delivered by the court at special term :—
1Opinion of the Court
“ Truax, J.
The plaintiff is the lessee of premises situate on the east side of Third avenue, between One Hundred and Twenty-eighth and One Hundred and Twenty-ninth streets. The lease to him is from May 1, 1887, to May 1, 1897. Since the making of the lease the defendant has purchased the fee of the property.
“ The defendant is about to construct in front of plaintiff’s premises, a track or tracks leading from the line on Third avenue into One Hundred and Twenty-ninth street, and the plaintiff asks an injunction restraining it from so doing. There is now a portion of the defendant’s structure…
2Cases cited4 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Abendroth v. Manhattan Railway Co.New York Court of Appeals · 1890
- Dusenbury v. Mutual Union Telegraph Co.New York Supreme Court · 1882
- Abendroth v. New York Elevated RailroadThe Superior Court of New York City · 1887